2. Resolution 4850 - Resolution of Intent - Amend Utility Connection Fees & Call for PHCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harb all, City Attorney
Chris Kukulski, City Manager
Tel 406.759,7708
Fax 406.758.7771
charball@katispell.com
ka(ispell.com
SUBJECT: Resolution No. 4550 — A resolution setting a date for
public hearing to adopt increases in fees, schedules, rates,
charges and classifications imposed on customers of the
City of Kalispell water and sewer utilities.
MEETING DATE: Monday, November 17, 2003
BACKGROUND: Over the past year, the City Council has been studying a
development charge application to its City water and sewer utility fees, schedules,
rates, charges and classifications. The Council has approved these changes and
although the rate changes have been duly adopted, the changes to the water and
sewer connection fees, a revision of the Wastewater ERU Determination Schedule,
an increase to the turn on fees and an initiation of a tag fee have yet to be adopted
as ordinances of the City. Prior to making these changes, statute requires that a
public hearing be conducted. The City legal and public works staff also recommend
that in conjunction with the adoption of the above -described schedules (which are
attached as Schedule "A") that Council simultaneously repeal Ordinance 1316,
which adopted a fee schedule for the South U.S. 93 area. Allowing that ordinance to
remain on the books would result in a double charging of new users in that area as
they connect to the system. Clearly, this is not the intended result of the new
development charges.
RECOMMENDATION: That City Council pass Resolution 4850 setting the public
hearing and publishing notice of Council's intent to adopt changes to the City's
water and sewer fees, schedules charges and classifications.
Memorandum to Resolution No. 4850
November 13, 2003
Page - 2
FISCAL EFFECTS: No fiscal effects to holding the public hearing.
Respectfully submitted,
r
i.
Charles arball, City Attorney
l
Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
RESOLUTION NO.4850
A RESOLUTION SETTING A DATE FOR PUBLIC HEARING ON A PROPOSAL TO
ADOPT INCREASES IN THE FEES, SCHEDULES, RATES, CHARGES AND
CLASSIFICATIONS IMPOSED ON THE CUSTOMERS OF THE CITY OF KALISPELL
WATER AND SEWER UTILITIES.
WHEREAS, the City ofKalispellhas determined that the _time and effort_ involved_ by different
departments in tagging and turning off delinquent water customers is costly, and
WHEREAS, at the present time, the City does not charge customers to place a turn off tag on their
residences, and charges $20.00 to turn the water back on after payment is made, or
$95.00 for an after-hours turn on, and
WHEREAS, the City is desirous of implementing a tag fee of $20.00 and increasing the turn on
fee to $30.00 in order to offset costs, and
WHEREAS, the City Council accepted other staff recommendations for changing water and sewer
development charges, including water and sewer connection fees and for revising the
Wastewater ERU Determination Schedule; and
WHEREAS, prior to initiating any increase in the fees, schedules, rates, charges, and
classifications, the City is required, pursuant to Section 69-7-111, Montana Code
Annotated, to hold a public hearing on the matter after giving due and proper notice
of said hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION 1 That there is hereby set a Public Hearing on the 15th day of
December, 2003, at 7:00 o'clock p.m. in the Council Chambers, City
Hall, Kalispell, Montana, to discuss a proposal to implement new
water and sewer development charges, including water and sewer
connection fees and for revising the Wastewater ERU Determination
Schedule as well as the initiation of new tag fees and an increase in
turn on fees. Said proposal is as outlined in Schedule "A", attached
hereto and incorporated fully herein by this reference.
SECTION 1I. The City Clerk and City Attorney are hereby authorized and directed
to make, publish and distribute notices of said Public Hearing in
conformity with Section 69-7-111, MCA.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, ON THE 17TH DAY OF NOVEMBER, 2003.
Pamela B. Kennedy
Mayor
Determination of System Development Fees
For Sewer Connections
Section 1:
BASIC SEWER SYSTEM DEVELOPMENT CHARGE: The basic sewer system
development charge shall be shall be the fee for the single family Equivalent Residential
Unit (ERU) as shown in the attached schedule of ERU costs_ The total fee is comprised
of a fee for treatment and a fee for collection.
Section 2:
SEWER CONNECTIONS OTHER THAN SINGLE FAMILY RESIDENTIAL: For all
other sewer service connections the system development charge shall be assessed on the
basis of Equivalent Residential Units (ERUs), as determined by the City Engineer or his
designated representative, from the most current Wastewater ERU Determination
Schedule in use at the time of the request for sewer service. The system development
charge shall be calculated by multiplying the calculated ERUs of the requested service by
the ERU cost as shown in the attached schedule of ERU costs.
Section 3:
ADJUSTMENT OF SDC CHARGES: An additional system development charge may be
collected due a change in use that results in increased sewage flow or increased strength
of sewage. No credit shall be given for reductions of flow or sewage strength. This
additional charge shall be determined using the same method for calculating costs as
described in Section 2 and is more completely described in the current Wastewater ERU
Determination Schedule.
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Wastewater ERU Determination Schedule
TYPE OF BUILDING AND SEWER USE
ERU'S
1.
Single Family Residence
1
2.
Multiple Family Residence
0.75
3.
Mobile Home Space in Mobile Home Park (Common building
at additional commercialrateand _ laundry__ areas .at...laundry..
0.65
rate.)
4.
Recreational Vehicle Waste Dumping Station
0.65
5.
Schools (per student capacity)
0.030
6.
Churches (School uses at additional per student capacity rate.)
0.64
7.
Hospitals - general
1 per bed
8.
Convalescent Hospitals
0.50 per bed
9.
Residential Care/Boarding Facilities
0.25 per bed
10.
Hotels and Motels (Additional charges for restaurant or tavern
at restaurant or tavern rate, laundry areas at laundry rates, and
meeting room areas with fixtures at commercial rate.)
0.25 per unit
11.
Food Preparation and/or Serving Areas
0.15 per 100
sq.ft.
12.
Vehicle Wash
Self -Service Vehicle Wash
1.17per bay
Full -Service Vehicle Wash
15.66 per bay
All Other Vehicle Washes
See Wet
Industrial
13.
Laundries & Laundromats
0.30 per 100
sq. ft.
Industrial Laundries
See Wet
Industrial
14.
Commercial, Office and Dry Industrial
Charge for each
plumbing fixture
to be installed.
Bath tub w/or w/o shower
0.13
Dental unit or cuspidor
0.10
Dishwasher
0.10
Disposal
0.10
Drinking Fountain
0.05
Floor Drain
&013
Fountain/Backwash
0.10
Kitchen Sink
0.08
Laundry Tray
0.08
Lavatory
0.05
Service Sink
0.08
Shower (each head)
0.13
Swimming Pool/Backwash
0.10
Urinal
0.17
Urinal Trough (for each 2 foot section) 0.17
Wash Sink (for each set of faucets) 0.08
Washing Machine 0.07
Water Closet 0.33
In case of a remodel in types 5-13 which results in no increase in the units on which
the charge for a new building is calculated, the ERU for the remodel will be calculated
on the basis of- the -fixtures _added using the amounts. in..[tem.1.4.
15. Wet Industrial To be determined
on an individual
basis by the City
16. Undefined Building and Sewer Use To be determined
on an individual
basis by the City
17. Additional Loading or Change of Use Determined on
basis of new use
for entire facility
less credit for
former use. No
refunds if new
use is less than
former use.
The following are the definitions of the classifications used in establishing the
ERUs.
1. A single family residence shall be defined as a building containing one
kitchen, designed andlor used to house not more than one family, including
all necessary employees of such family, such building having a single sewer
service connection. Mobile homes occupying a separate lot and providing
permanent housing with a separate sewer connected shall be classified as a
single-family residence.
2. A multiple family residence shall be defined as a building or a group of
buildings housing two or more families, living independently of each other, a
family being defined as one or more persons living as a single housekeeping
unit or household with sewer service being provided through not more than
one sewer connection. Common buildings in an apartment house complex
requiring sewer service shall be charged as commercial buildings and that
portion of buildings housing common laundry facilities shall be charged as
laundries and Laundromats.
3. A mobile Home Park, including travel trailer parks, is defined as any area or
tract of land having a sewer connection, and where sewerage collection
pipes are extended to two or more spaces occupied by, or intended to be
occupied by a mobile home, travel trailer or motor home which are defined
as a vehicle with or without motive power which is designed, used or
intended for use as a place of human habitation, or as eating, sleeping or
living quarters or any combination thereof. A mobile home space is defined
as the individual location having a sewer hookup for each such vehicle. For
purposes of determining the SDCs for mobile home parks' common
buildings such as recreation halls, etc., shall be charged as commercial
.buildings. Buildingshousinglaundry facilities shall_ be charged.. as. laundries
and Laundromats and food or drink service buildings shall be charged as
food preparation and/or serving.
4. Recreation Vehicle Waste Dumping Stations are defined as buildings or
structures used for the dumping of sanitary sewer wastes from recreational
vehicle holding tanks. Includes gray water from sinks and showers. (This
excludes an individual collector installed by a homeowner for his/her own
use.)
5. Schools are defined as any building or group of buildings used for school
purposes more than 12 hours per week, involving assemblage for
instruction, education or recreation. Schools may be public or private,
6. Churches shall be defined as a building or structure whose principal use is
for worship and in which the incidental use for school or recreational
purposes is less than 12 hours per week. Church buildings used for school
purposes in excess of 12 hours per week shall be charged the SDC per
student capacity in addition to the charge per 100 seats as a church.
7. General hospitals shall be defined as a building or structure used for the
temporary housing of ill or injured persons and containing facilities for
medical and surgical treatment of such persons. No additional charge shall
be made for laundry and food and drink preparation and serving facilities
included in hospitals.
8. Convalescent hospitals or rest homes are defined as a building or structure
used for housing of persons convalescing from illness or injury or persons
requiring close personal care. No additional charge shall be made for
laundry or food and drink preparation and serving facilities included in the
convalescent hospitals.
9. Residential Care/Boarding Facilities is defined as a residential building or
structure used for housing of persons requiring either long-term supervision
and general care, or any type of dependency recovery. No additional
charge shall be made for laundry or food and drink preparation and serving
facilities included in the Residential Care/Boarding Facilities,
10. Hotels and motels are defined as a building or group of buildings used for
temporary housing of persons containing rooms or units intended for the use
of transient persons. Those areas within hotels and motels to be used for
commercial preparation of and serving of food and drink shall be charged at
the rate for food preparation and/or serving. Commercial areas within hotels
and motels, including convention facilities and other such common areas
other than lobby areas, shall be charged at the rate for commercial and dry
industrial areas. Areas used for laundry facilities in hotels and motels shall
be charged at the rate _ for laundries and... Laundromats... Such. additional.
charges for food and drink, commercial areas and laundry shall be in
addition to the charge per room or motel unit.
11. Food preparation and serving, including restaurants, taverns, delicatessens
and wholesale and retail bakeries, but does not include canneries, dairies,
cheese factories, packing houses and similar facilities, which shall be
classified as "Wet Industrial" under Item 15 of definitions.
12. Vehicle washes are defined as commercial buildings or structures used for
washing vehicles. Self-service vehicle washes are coin -operated facilities
serving the general public that require the customer to wash the vehicle.
Full -service vehicle washes are facilities serving the general public, wherein
the vehicle is washed for the customer, either automatically or by attendants.
All other vehicle and parts washing or steam cleaning facilities that
discharge to the sanitary sewer will be reviewed on a case -by -case basis.
13. Laundries and Laundromats are defined as commercial buildings and
structures, or parts of commercial buildings and structures used for housing
and operating laundry equipment by the general public to wash clothes and
linens for personal use.
Industrial laundries are defined as buildings or structures or parts of
buildings and structures used for housing and operating laundry equipment
for the large scale washing of uniforms, towels, linens, etc. The anticipated
volume and strength of the sewage to be generated from an industrial
laundry would be considerably more that that from a commercial laundry or
Laundromat. Industrial laundries shall be classified as "Wet Industrial" under
Item 15.
14. Commercial buildings are defined as all buildings used for conducting of
wholesale or retail trade. Dry industrial buildings or structures are those
buildings or structures housing light industrial activities where use of water
and subsequent discharge of sewer does not occur in connection with the
industrial process. Warehouses and other storage buildings with sewer
connections are classified as dry industrial buildings.
15. Wet industrial buildings are defined as those buildings and structures
housing industrial activities where the use of water and subsequent
discharge to the sewer occurs in connection with an industrial process.
Facilities with a discharge of 10,000 gallons per day or greater are
considered wet industrial. Other facilities that discharge less than 10,000
gallons per day, and whose anticipated strength of the sewage to be
generated from the facility is greater than domestic sewage strengths may
also be considered wet industrial. Those facilities will be reviewed on a
case -by -case basis. The anticipated volume and strength of sewage from
an average single-family residence shall be considered when calculating
SDCs.
The SDC for wet industrial shall be determined on an individual basis
utilizing the formula listed below;
System Development Charge Calculation
SDC = GPD x SFRc + GPD x_SFRt x F1+ F2 + F3 + F4) — 31
246 246
GPD = Anticipated sewer discharge in gallons per day.
SDCt = Current single family SDC cost for treatment
SDCt = Current single family SDC cost for collection
F1, F2, F3, F4 = Extra strength factors, whole number multipliers
derived for each of the following components or fractions thereof:
F1, each215 ppm of biochemical oxygen demand (BOD),
F2, each 260 ppm of suspended solids (SS),
F3, each 25 ppm of total nitrogen (TKN),
F4, each 4.5 ppm total Phosphorous (P)
Example for BOD
Factor Rance
1 0-215 ppm
2 216-430 ppm
3 431-645 ppm
(continues for each 215 ppm increment)
16. Undefined buildings and sewer use are those not defined above.
17. Additional loading or change of use is defined as an increased demand for
wastewater treatment from an existing wet industrial building or structure.
The additional loading may be the result of replacement or addition to an
existing structure or facility, a change in use, or a fifteen percent (15%) or
greater increase above the permitted volume or character of the wastewater
constituents being discharged.
ERUs shall be determined on the basis of the number of single-family
residence equivalent units with the additional loading or the new use with
credit being given for the number of single-family residence equivalent units
of the original facility. No refund will be given if the change of use results in
a decreased sewer loading. Any addition to an existing single-family
residence which does not result in an additional dwelling will be exempt from
additional charge_
Determination of Fees for Water Connections
Section 1:
CONNECTION SIZES UP TO 3 INCHES: System development charges for water
connections in saes up to 3 inches in diameter shall be based on the attached schedule of
fees. Note: The standard residential water connection size in Kalispell is 1/a" diameter.
The amounts shown for connection size 5/8" X 3/4" are credit amounts applied toward the
fee to be charged when upgrading and increasing the size of older existing water service
connections made prior to the date of this revision.
Section 2:
CONNECTION SIZES OVER 3 INCHES: For water connections beginning with size 4"
and larger, the System Development Charge (SDC) shall be determined on the basis of
the customer's anticipated water usage. Anticipated peak day water usage will be divided
by equivalent residential units (ERU) of usage for peak use (947gpd per ERU) to
determine the peak day ERU. Anticipated average daily water use will be multiplied by
1.1. (1101/o) and then divided by the equivalent residential units (ERU) for storage
requirements (385gpd per ERU) to determine the storage ERU.
For calendar year 2003, peak use SDC shall be determined multiplying the peak
day ERU by the peak day 2003 SDC cost of$1,239/ERU. Storage SDC shall be
determined by multiplying the storage ERU by the storage 2003 SDC cost of $436/ERU.
The total 2003 SDC shall be the sum of these two SDC calculations.
Calculations for future years shall be determined in the same manner using the
peak SDC cost and storage SDC cost then in effect for the year. SDC costs shall increase
3% each year thereafter from the base year of 2003-
Section 3:
ADJUSTMENT OF SDC CHARGES: The SDC charge paid for water connections larger
than 3 inches as of the effective date of this ordinance may be adjusted based on actual
usage. If usage is greater than 110% of anticipated usage during a 12 month period of
time, an additional SDC may be charged. This additional charge shall be determined
using the same method for calculating peak and storage SDCs and multiplying by the
peak and storage SDC costs per ERU effect.